Pedestrian Accident Claims
If you’ve been hit by a car and suffered an injury on the road or pavement in an accident that wasn’t your fault, you may be able to make a claim for compensation. Injuries pedestrians may sustain can vary from minor to serious conditions that can have a lasting impact. Examples of injuries suffered as a result of pedestrians being hit by a car include cuts and bruises, broken bones and fractures, head injury, and back and spinal injury
Regardless of how you have been injured, if it was caused by somebody else’s negligence, then you can make a claim. Not only are we able to provide the legal advice you need to recover compensation for your injuries after being hit by a car, but we will also work to ensure you receive the medical treatment you need to recover from your injuries as soon as possible.
Let our solicitors help you start your claim today by calling 0345 872 6666 or by sending your enquiry via our online contact form.
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How JMW Can Help
Our lawyers have helped many individuals who’ve been hit by a car and injured as the result of a driver’s negligent actions. We have also helped pedestrians who have been injured on roads and pavements, outside of being hit by a car or other vehicle.
Many of our clients have found themselves injured if pavements and roads are not in a suitable condition, a situation that many individuals may encounter. For example, you may have fallen over a pothole or tripped over a loose pavement tile or uneven kerbstone. It is the local council’s responsibility to ensure streets are maintained to an appropriate standard. If an accident happens and it can be proven that the local authority has failed its duty, then you are entitled to make a claim for compensation.
With years of experience helping clients recover compensation after being hit by a car or tripping or falling, we know how to structure a case to give you the best possible chance of success. We will build a robust case on your behalf, whether your injury arose as the result of a vehicle driver’s actions, or negligence on the part of a local authority.
Collette Scott: Video Testimonial
What to Do Following a Road Traffic Accident as a Pedestrian
Should you be in an accident involving being hit by a car or other vehicle, there are a number of steps you can take to ensure your claim is as strong as it possibly can be. First and foremost, ensure you are removed from any immediate danger and seek medical attention immediately. If it is safe to do so and you are able to move around easily then you should:
- Make a note of the name, address and telephone number of any witnesses to the accident.
- Record the details of the involved vehicles’ registration plates, if possible.
- Photograph the scene of the accident if you have a smartphone or camera on hand.
- Get in touch with the police as soon as possible after the accident so you’re able to make an official record of the accident.
Uninsured and Untraced Drivers
If you’ve been injured in a car accident where the driver drove away, you can still claim compensation as long as the claim is submitted within three years of the accident. The process will be different if you don’t have the driver’s details because they fled the scene, or if the driver involved in the incident doesn’t have insurance, but our solicitors are very experienced in pursuing these claims on a client’s behalf and will ensure you still get the maximum possible compensation.
In cases where the driver is uninsured or untraced, a claim can be made through the Motor Insurers’ Bureau (MIB), which is a government organisation that uses drivers’ insurance premiums to pay compensation to victims of road traffic accidents. Drivers who drive off after an accident are called untraced drivers and represent one of several areas the MIB covers.
If you have been seriously injured, the MIB can offer treatment or rehabilitation as well as compensation. Our solicitors are well-versed in dealing with the MIB through their years of experience representing clients after accidents where drivers drove off or didn’t have appropriate insurance.
While the MIB needs as much information as possible about the incident to process your claim, you should not delay making a claim because you are collecting information. Instead, you should pursue your claim as soon as possible to ensure you receive the compensation to which you are entitled.
How Much Compensation Could I Receive in a Pedestrian Accident Claim?
The compensation you will receive in a successful pedestrian hit-by-car claim will depend heavily on the circumstances of the accident and the injuries you sustained. There is a range of injuries that can result from a collision between a car and a pedestrian, from minor fractures to serious injuries to the head, neck and back, and the seriousness of the injury - along with any recovery time - will usually be taken into account when deciding how much compensation you will receive.
The figures below provide a rough idea of how much you could receive for a pedestrian hit by car claim based on the Judicial College Injury Tables. For a more accurate calculation of how much compensation you could be entitled to, based on your own circumstances, contact JMW today.
| Minor to moderate brain damage | £12,210 - £174,620 |
| Minor to moderate knee injury | £13,000 - £38,000 |
| Loss of one leg below the knee | £83,550 - £109,570 |
| Loss of both legs below the knee | £160,600 - £215,310 |
| Hip and pelvis injury | £3,150 - £104,370 |
| Minor to serious arm injury | £5,280 - £47,720 |
| Loss of one arm below the elbow | £76,650 - £87,410 |
| Shoulder injury | £6,290 - £15,300 |
Why Choose JMW?
Our team specialises in personal injury claims and has decades of experience in handling claims for road traffic accidents, including pedestrian accident cases.
We prioritise our clients' needs and wellbeing, offering personalised legal advice tailored to your specific circumstances. Our approach is empathetic and understanding, recognising the emotional and physical impact of pedestrian accidents.
Understanding the financial concerns that come with legal proceedings, JMW offers 'no win, no fee' agreements on all personal injury claims. This arrangement means you can pursue your claim without worrying about upfront legal costs, and fees are only payable if the claim is successful.
Our track record speaks for itself. We have successfully represented numerous clients in pedestrian accident claims, securing the compensation they deserve. You can explore our case studies to see first-hand accounts of our work and successes.
JMW is committed to clear and consistent communication. We ensure you are kept informed throughout the process and are always available to answer your questions and concerns.
By choosing JMW, you are entrusting your case to a team that combines legal expertise with a genuine commitment to your wellbeing and success. Reach out to us to discuss your pedestrian accident claim and experience the dedicated service that sets us apart.
FAQs About Pedestrian Accident Claims
- How do I know if I have a valid pedestrian accident claim?
To determine if you have a valid pedestrian accident claim, several key factors must be considered:
- There must be evidence of negligence, meaning the accident was caused by someone else's failure to uphold a reasonable standard of care. This could be a driver not paying attention or violating traffic laws.
- You must have sustained an injury as a result of the accident. Involvement in an incident without injury typically does not qualify for a claim.
- There should be a direct link between the accident and your injuries, signifying causality.
If these criteria are met, you likely have a valid claim and should seek legal advice to pursue compensation.
- What types of compensation can I claim for a pedestrian accident?
In pedestrian accident compensation claims, there are two main categories of damages you can pursue:
- General damages: this refers to compensation for the non-monetary aspects of your injury. General damages cover the pain and suffering you've experienced, along with any loss of amenity. This includes physical pain, psychological trauma, loss of enjoyment in hobbies, and any long-term health implications.
- Special damages: these are awarded to cover the financial losses and expenses you've incurred due to the accident. Special damages can include:
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Special damages are typically easier to value as they relate to specific financial losses, whereas general damages are evaluated based on the severity and impact of your injuries. It's important to seek legal advice to ensure all aspects of your claim are accurately assessed and pursued.
- How long do I have to make a pedestrian accident claim?
In the UK, the standard time limit for making pedestrian accident claims is three years from the date of the accident. This means you must begin legal proceedings within this timeframe. However, there are a few exceptions to this rule:
- For children, a claim can be made on their behalf at any time up until the age of 18. From here the three-year time limit begins, giving them until their 21st birthday to make their own claim.
- If the injured person lacks the mental capacity to make a claim, there might be no time limit until their capacity is regained.
- While the three-year limit generally applies for hit-and-run and untraced drivers, the process can be more complex, and it's advisable to begin legal proceedings as soon as possible.
Seek legal advice as soon as possible after an accident. Early consultation with a solicitor can ensure that all necessary evidence is gathered effectively and your claim is filed within the legal time limits.
- What if the pedestrian accident was partially my fault?
In cases where you, as a pedestrian, may be partially at fault for the accident, the concept of 'contributory negligence' is applied. This does not necessarily prevent you from making a claim, but it can affect the amount of compensation you receive. Here's how it works:
- Shared fault: if it's determined that both you and the other party share responsibility for the accident, a percentage of fault will be assigned to each of you.
- Reduced compensation: the compensation you are awarded will be reduced according to your share of the blame. For example, if you are found to be 25% at fault for the accident, your compensation will be reduced by 25%.
Establishing the degree of fault can be complex. A solicitor can help argue your case effectively and work towards a fair assessment of liability. Even if you think you might be partly responsible for the accident, seek legal advice from the pedestrian accident claims experts at JMW to understand your rights and options.
- How much does it cost to hire a solicitor for a pedestrian accident claim?
The cost of employing a solicitor for a pedestrian accident claim varies depending on the unique circumstances of your case, such as how long it takes and the kind of representation you require. However, JMW offers a 'no win, no fee' arrangement, also known as a conditional fee agreement (CFA), that brings many financial benefits.
Under this agreement, you won't have to pay any upfront legal fees. Your solicitor's fees will only be payable if your claim is successful. If your claim is successful, your solicitor will take a pre-agreed percentage of the compensation as their fee. This percentage is capped by law to protect your interests.
We also offer a free initial consultation to discuss your case and explain the fee structure in more detail. To learn more about making a personal injury claim for pedestrian injuries, simply call us today.
- How long does the pedestrian accident claims process take?
The duration of the pedestrian accident claims process varies significantly depending on the complexity of the case. Simple cases where liability is clear and injuries are minor may be resolved in a few months. More complex cases, particularly those involving serious injuries or disputed liability, can take longer.
- The time it takes to gather comprehensive medical evidence can impact the timeframe. It's important to have a clear picture of the full extent of your injuries and any long-term implications.
- The length of time it takes to negotiate a settlement with the other party's insurance company can also vary. Some cases may settle quickly, while others may require more extensive negotiations.
- If your case goes to court, this can extend the process significantly. Court schedules and the need for detailed preparation can add to the timeline.
- At the end of your claim, the speed with which the other party and their insurers respond to communications and proposals can also affect the duration of the claim process.
It's important to note that each case is unique, and your solicitor will be able to give you a more accurate estimation based on the specifics of your situation in your initial consultation with us.
Talk to Us
If you or a loved one have been hit by a car as a pedestrian and your injuries were caused by somebody else’s negligence, get in touch with our expert solicitors today to discuss your claim. You can either call us on 0345 872 6666 or fill in our online enquiry form and let us know a suitable time to contact you.
